Section R33-8-101f - Contesting a Notice of Intent to Award a Contract Without Engaging in a Standard Procurement Process(1) A person may contest the notice of intent to award a contract without engaging in a standard procurement process before the closing of the public notice period set forth in Section 63G-6a-112 by submitting the following information in writing to the procurement official:(a) the name of the contesting person; and(b) a detailed explanation of the challenge, including documentation that: (i) there are other competing sources for the procurement item;(ii) transitional costs are not significant, unreasonable, or cost-prohibitive; or(iii) a standard procurement process is in the best interest of the conducting procurement unit.(2) Upon receipt of a challenge contesting an award of a contract without engaging in a standard procurement process, the procurement official shall conduct an investigation to determine the validity of the challenge and make a written determination either supporting or denying the challenge.(a) If a challenge is upheld, the procurement unit shall conduct a standard procurement process for the procurement item being considered or cancel the procurement;(b) If a challenge is not upheld, the procurement unit may proceed with awarding a contract without engaging in a standard procurement process.(3) A vendor's right to file a protest under Title 63G, Chapter 6a; Part 16, Protests, is not waived by a vendor's actions to contest or challenge a procurement unit's notice of intent to award a contract without engaging in a standard procurement process under Section R33-8-101f. Utah Admin. Code R33-8-101f
Adopted by Utah State Bulletin Number 2016-18, effective 8/22/2016Amended by Utah State Bulletin Number 2017-14, effective 6/21/2017Amended by Utah State Bulletin Number 2021-03, effective 1/22/2021Amended by Utah State Bulletin Number 2022-11, effective 5/23/2022